BOLIVIA

• INTERNATIONAL TREATIES TO WHICH BOLIVIA IS SIGNATORY

  • International Treaties to which Bolivia is signatory:

    • Paris Convention for the protection of industrial property
    • Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
    • Cartagena Agreement pertaining to the Andean Community. 
• PATENT LEGISLATION IN BOLIVIA
  • • Bolivia follows Civil Law system with influences from Roman, Spanish, Canonical (Religious Law), French and Indigenous Laws.
    • Patents in Bolivia are governed by: its National Patents Law and Decision 486 of the Cartagena Agreement Patents in Bolivia are granted by:
    • Bolivian Patent Office.
• BASICS REGARDING PATENTABILITY OF INVENTIONS IN BOLIVIA

  • Inventions may relate to products, processes or industrial applications.  Patents are therefore granted to inventions that:

    • Are New or Novel
    • Involve an inventive step
    • Comprise of a process or an Industrial application of the invention.

    For an Invention to be patentable, it should contain the following:

    (i).  Novelty:   An invention is considered new or novel if it is not included in the state of the art.  State of the art consists of all the information available and accessible to the public prior to the date of the patent application.

    (ii).  Inventive Step:  An invention is said to contain an inventive step if for ‘a man skilled in the art it does not yield results in an obvious way from the state of the art’.

    (iii).  Industrial Application:  of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture’.

• INVENTIONS NOT PATENTABLE IN BOLIVIA

  • Inventions pertaining to the following:

    • Discoveries, Scientific Theories & Mathematical methods.
    • Aesthetic creations.
    • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
    • Programmes for Computers.
    • Inventions contrary to public order & morals.
    • Methods of treatment on humans and animals.
    • Plant or Animal varieties or Bio processes for the production of plants or animals.
    • Prejudicial to the Interests or Security of the Nation.

    PartityPatents Law Firms through its associates in Bolivia is at hand to help you with patent registration and prosecution.  

• FILING REQUIREMENTS OF PATENTS IN BOLIVIA
  • 1.  The petition
    2. The description;
    3. One or more claims;
    4. One or more drawings, if needed to understand the invention which, shall be considered an integral part of the description;
    5. A summary;
    6. Such powers of attorney as may be needed;
    7. Proof of payment of the prescribed fees;
    8. A copy of the contract for access, if the products or processes for which a patent application is being filed were obtained or developed from genetic resources or by products originating in one of the Member Countries;
    9. If applicable, a copy of the document that certifies the license or authorization to use the traditional knowledge of indigenous, African American, or local communities in the Member Countries where the products or processes whose protection is being requested was obtained or developed on the basis of the knowledge originating in any one of the Member Countries.
    10. The certificate of deposit of the biological material, if applicable; and,
    11. A copy of the document attesting to the transfer of the patent right by the inventor to the applicant or assignee. 
• EXAMINATION OF THE PATENT APPLICATION IN BOLIVIA
  • • Once patent application is filed with Bolivian patent office, the application is scrutinised for defence & atomic energy aspects.
    • Bolivian national office to examine patent applications within 30 days from the date of receipt of patent application to scrutinise compliance requisites.
    • Application not fulfilling compliance requisites shall be complied with, within stipulated period of time else, patent application is deemed abandoned.
    • Patent application is published to which interested third parties may file opposition.
    • No objections / opposition forthcoming, or objections / opposition resolved fruitfully, patent application proceeds to registration and patent granted.
• RIGHTS OF THE PATENTEE IN BOLIVIA

  • TERM AND KINDS OF PATENTS GRANTED IN BOLIVIA:

    • Patents with a term of 20 yrs.
    • Utility Models with a term of 10 yrs.
    • Patents confer to its holders or his successors an exclusive right to work the invention.
    • Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
    • He may authorise the working of the patent either by a manufacturer or by an importer.
    • Patentee may even assign or licence the patent.
• COMPULSORY LICENCES OF PATENTS IN BOLIVIA

  • Compulsory Licences are granted when the patented invention is not worked to reasonable extent to a within three years from the grant of the patent or four years from the filing of the patent application.

    Compulsory Licences may be granted under the following circumstances:

    (i). Insufficient exploitation of the invention.
    (ii). Dependency between several patents.
    (iii). Where important public interests and national security are involved.
    (iv). When prior exploitation is involved.
    (v). Compulsory Licences may be granted when exploited of invention is suspended without justification for one year by the patentee.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Bolivia, can assist you comprehensively with Compulsory Licence matters.

• PATENTS Cost of Registration in BOLIVIA